HomeMy WebLinkAboutOrdinance 56270280100_KB2_20230523_CA
Ordinance No. 5627
Ordinance of the Council of the City of Palo Alto Amending Chapter 16.17 (California
Energy Code, California Code of Regulations, Title 24, Part 6) of the Palo Alto Municipal
Code to Adopt the 2022 California Energy Code, Along With Local Amendments Thereto,
to Increase Energy Efficiency Standards for Buildings, Mandate Electric‐Ready
Requirements, and Incentivize All‐Electric New Construction.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
(a)The City of Palo Alto adopted a Sustainability and Climate Action Plan, or S/CAP, to meet
the City's stated goal of "80 x 30": reducing greenhouse gas emissions 80% below 1990
levels by 2030.
(b)The S/CAP outlines goals and key actions in eight areas, one of which is energy and more
specifically, energy efficiency and electrification. The goals for the energy area of the
S/CAP are to reduce GHG emissions from the direct use of natural gas in Palo Alto’s
building sector by at least 60% below 1990 levels (116,400 MT CO2e reduction) and to
modernize the electric grid to support increased electric demand to accommodate state‐
of‐the‐art technology.
(c)One key action the City is taking to accomplish those goals is to use codes and ordinances
‐ such as the energy reach code, green building ordinance, zoning code, or other
mandates ‐ to facilitate electrification in both existing buildings and new construction
projects where feasible.
(d)The purpose of this ordinance is to formally adopt California Code of Regulations, Title 24,
Part 11, 2022 California Green Building Standards Code, with local amendments in
furtherance of the City of Palo Alto’s S/CAP goals.
(e)California Health and Safety Code sections 17958.5 and 17958.7 requires that the City, in
order to make changes or modifications in the requirements contained in the California
Green Building Standards on the basis of local conditions, make express finding that such
modifications or changes are reasonably necessary because of local climatic, geological
or topographical conditions.
(f)The required findings are attached to this ordinance as Exhibit A.
SECTION 2. Chapter 16.17 (California Energy Code, California Code of Regulations, Title 24, Part 6) of
the Palo Alto Municipal Code is hereby amended by repealing in its entirety existing Chapter
16.17 and adopting a new Chapter 16.17 to read as follows:
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Sections
16.17.010
16.17.020
16.17.030
16.17.040
16.17.050
16.17.060
16.17.070
CHAPTER 16.17
CALIFORNIA ENERGY CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 6
2022 California Energy Code, Title 24, Part 6 adopted.
Cross ‐ References to California Energy Code
Local Amendments
Administration & Enforcement of 2022 California Energy Code
Violations – Penalties
Section 100.1 Definitions and Rules of Construction
Section 110.10 Mandatory Requirements for Solar Ready Buildings
16.17.080 Subchapter 4 Nonresidential, High‐Rise Residential, and Hotel/Motel Occupancies
–Mandatory Requirements for Lighting Systems and Equipment, and Electrical
Power Distribution Systems
16.17.090 Section 130.6 Electric Readiness Requirements for Systems Using Gas or Propane
16.17.100 Subchapter 5 Nonresidential and Hotel/Motel Occupancies — Performance and
Prescriptive Compliance Approaches for Achieving Efficiency
16.17.110 Section 140.1 Performance Approach: Energy Budgets
16.17.120 Subchapter 7 Single‐family Residential Building – Mandatory Features and Devices
16.17.130 Subchapter 8 Single‐family Residential Buildings – Performance and Prescriptive
Compliance Approaches
16.17.140 Subchapter 10 Multifamily Buildings — Mandatory Requirements
16.17.150 Section 160.9 Mandatory Requirements for Electric Ready Buildings
16.17.160 Subchapter 11 Multifamily Buildings — Performance and Prescriptive Compliance
Approaches
16.17.170 Infeasibility Exemption
16.17.180 Appeal
16.17.010 2022 California Energy Code, Title 24, Part 6 adopted.
The California Energy Code, 2022 Edition, Title 24, Part 6 of the California Code of Regulations
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein. Except as amended herein, all requirements of the California Energy Code, 2022
Edition, Title 24, Part 6 of the California Code of Regulations shall apply.
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Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former editions of the California Code of Regulations,
Title 24, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2022. Ordinance No. 5571 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
One copy of the California Energy Code, 2022 Edition, has been filed for use and examination of the
public in the Office of the Chief Building Official of the City of Palo Alto.
16.17.020 Cross ‐ References to California Energy Code
The provisions of this Chapter contain cross‐references to the provisions of the California Energy
Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.17.030 Local Amendments
The provisions of this Chapter shall constitute local amendments to the cross‐referenced
provisions of the California Energy Code, 2022 Edition, and shall be deemed to replace the cross‐
referenced sections of said Code with the respective provisions set forth in this Chapter.
16.17.040 Administration & Enforcement of 2022 California Energy Code
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the
2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.17.050 Violations ‐ Penalties
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited
to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal
Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each
separate day or any portion thereof during which any violation of this Chapter occurs or
continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the chief
building official may record a notice of pendency of code violation with the Office of the County
Recorder stating the address and owner of the property involved. When the violation has been
corrected, the chief building official shall issue and record a release of the notice of pendency
of code violation.
16.17.060 Section 100.1 Definitions and Rules of Construction
Section 100.1(b) of Subchapter 1 of the California Energy Code is amended by adding the following
definitions:
CERTIFIED ENERGY ANALYST is a person registered as a Certified Energy Analyst with the
California Association of Building Energy Consultants as of the date of submission of a
Certificate of Compliance as required under section 10‐103 of Building Energy Efficiency
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Standards for residential and nonresidential buildings.
ELECTRIC EQUIPMENT OR APPLIANCE means one or more devices that use electric energy to
serve the needs for heating and cooling, water heating, cooking, and electric vehicle charging. In
addition, ancillary equipment such as an electric panel, photovoltaic equipment, and energy
storage systems that are deployed to support such devices shall be considered Electric
Equipment or Appliance.
ELECTRIC HEATING APPLIANCE is a device that produces heat energy to create a warm
environment by the application of electric power to resistance elements, refrigerant
compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
NET FREE AREA (NFA) is the total unobstructed area of the air gaps between louver and grille
slats in a vent through which air can pass. The narrowest distance between two slats,
perpendicular to the surface of both slats is the air gap height. The narrowest width of the gap is
the air gap width. The NFA is the air gap height multiplied by the air gap width multiplied by the
total number of air gaps between slats in the vent.
SUBSTANTIAL REMODEL (or “50‐50‐50” RULE) is any project or projects that affects the removal
or replacement of 50% or more of the linear length of the existing exterior walls of the building,
and/or 50% or more of the linear length of the existing exterior wall plate height is raised, and/or
50% or more of the existing roof framing area is removed or replaced, over a 3‐year period.
Any permit(s) applied for will trigger a review of a 3‐year history of the project. This
review will result in determining if a substantial remodel has occurred.
The Chief Building Official or designee shall make the final determination regarding the
application if a conflict occurs.
16.17.070 Section 110.10 MANDATORY REQUIREMENTS FOR SOLAR READY BUILDINGS
Section 110.10 of Subchapter 2 of the California Energy Code is amended by adding Section
110.10 (f) to read:
(f)Existing tree canopies. In the event of a conflict between the provisions of
this Code, the Solar Shade Act of 2009, and the Palo Alto Tree Ordinance
(Chapter 8.10), the most protective of existing tree canopies shall prevail.
16.17.080 SUBCHAPTER 4 NONRESIDENTIAL AND HOTEL/MOTEL OCCUPANCIES –
MANDATORY REQUIREMENTS FOR LIGHTING SYSTEMS AND EQUIPMENT, AND
ELECTRICAL POWER DISTRIBUTION SYSTEMS
SECTION 130.0 LIGHTING SYSTEMS AND EQUIPMENT, AND ELECTRICAL POWER DISTRIBUTION
SYSTEMS – GENERAL.
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Section 130.0 (a) of Subchapter 4 of the California Energy Code is amended to read:
(a)The design and installation of all lighting systems and equipment in nonresidential and
hotel/motel buildings, outdoor lighting, and electrical power distribution systems within
the scope of Section 100.0(a), shall comply with the applicable provisions of Sections
130.0 through 130.6.
NOTE: The requirements of Sections 130.0 through 130.6 apply to newly constructed
buildings and substantial remodels. Section 141.0 specifies which requirements of
Sections 130.0 through 130.6 also apply to additions and alterations to existing buildings.
16.17.090 SECTION 130.6 ELECTRIC READINESS REQUIREMENTS FOR SYSTEMS USING GAS OR
PROPANE
Subchapter 4 of the California Energy Code is amended to add Section 130.6 to be numbered,
entitled, and to read:
130.6 ELECTRIC READINESS REQUIREMENTS FOR SYSTEMS USING GAS OR PROPANE
Where nonresidential systems using gas or propane are installed, the construction drawings shall
indicate electrical infrastructure and physical space accommodating the future installation of an
electric appliance in the following ways, as certified by a registered design professional or
licensed electrical contractor.
a)Branch circuit wiring, electrically isolated and designed to serve all electric heating
appliances in accordance with manufacturer requirements and the California Electrical
Code, including the appropriate voltage, phase, minimum amperage, and an electrical
receptacle or junction box within five feet of the appliance that is accessible with no
obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
b)Labeling of both ends of the unused conductors or conduit shall be with “For Future
Electrical Appliance”; and
c)Reserved circuit breakers in the electrical panel for each branch circuit, appropriately
labeled (e.g. “Reserved for Future Electric Range”), and positioned on the opposite end
of the panel supply conductor connection; and
d)Connected subpanels, panelboards, switchboards, busbars, and transformers shall be
sized to serve the future electric heating appliances. The electrical capacity requirements
shall be adjusted for demand factors in accordance with the California Electrical Code;
and
e)Physical space for future electric appliances, including equipment footprint, and if needed
a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted
on the construction drawings. The footprint necessary for future electric appliances may
overlap with non‐structural partitions and with the location of currently designed
combustion equipment.
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16.17.100 SUBCHAPTER 5 NONRESIDENTIAL AND HOTEL/MOTEL OCCUPANCIES —
PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR ACHIEVING
EFFICIENCY
SECTION 140.0 PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES
Section 140.0 of Subchapter 5 of the California Energy Code is amended to read:
Nonresidential and hotel/motel buildings shall comply with all of the following:
a)The requirements of Sections 100.0 through 110.12 applicable to the building project
(mandatory measures for all buildings).
b)The requirements of Sections 120.0 through 130.6 (mandatory measures for
nonresidential and high‐rise residential and hotel/motel buildings).
c)Either the performance compliance approach (energy budgets) specified in Section 140.1
or the prescriptive compliance approach specified in Section 140.2 for the Climate Zone
in which the building will be located. Climate zones are shown in FIGURE 100.1‐A.
NOTE to Section 140.0(c): The Commission periodically updates, publishes, and makes available
to interested persons and local enforcement agencies precise descriptions of the Climate Zones,
which is available by zip code boundaries depicted in the Reference Joint Appendices along with
a list of the communities in each zone.
16.17.110 SECTION 140.1 PERFORMANCE APPROACH: ENERGY BUDGETS
Section 140.1 of Subchapter 5 of the California Energy Code is amended to read:
Sections 140.1 (a) – (c) are adopted without modification.
A newly constructed building or substantial remodel complies with the performance approach
provided that:
1. The time‐dependent valuation (TDV) energy budget calculated for the Proposed Design
Building under Subsection (b) is no greater than the TDV energy budget calculated for
the Standard Design Building under Subsection (a), and
2. The source energy budget calculated for the proposed design building under Subsection
(b)has a source energy compliance margin, relative to the energy budget calculated for
the standard design building under Subsection (a), of at least the value specified for the
corresponding occupancy type in Table 140.1‐A below.
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TABLE 140.1‐A NONRESIDENTIAL BUILDING SOURCE ENERGY COMPLIANCE MARGINS
Occupancy Type Source Energy Compliance Margins
Office/Mercantile 10%
Hotel/Motel 7%
Restaurants 12%
Industrial/ Manufacturing 0%
All other Nonresidential Occupancies 9%
Exception 1 to Section 140.1 Item 2: A source energy compliance margin of 0 percent or greater
is required when nonresidential occupancies are designed with single zone space‐conditioning
systems complying with Section 140.4(a)2.
3.Certificate of Compliance. The Certificate of Compliance shall be prepared and signed by
a Certified Energy Analyst and the energy budget for the Proposed Design shall be no
greater than the Standard Design Building.
16.17.120 SUBCHAPTER 7 SINGLE‐FAMILY RESIDENTIAL BUILDING – MANDATORY FEATURES
AND DEVICES
Section 150.0 MANDATORY FEATURES AND DEVICES
Section 150.0 of Subchapter 7 of the California Energy Code is amended to read:
Single‐family residential buildings shall comply with the applicable requirements of Sections
150(a) through 150.0(v).
NOTE: The requirements of Sections 150.0 (a) through (v) apply to newly constructed buildings
and substantial remodels. Sections 150.2(a) and 150.2(b) specify which requirements of Sections
150.0(a) through 150.0(r) also apply to additions or alterations. The electric readiness
requirements of Sections 150.0 (n), (t), (u) and (v) apply to residential remodels or additions when
the applicable system is included in the remodel.
Subsections 150.0 (a) – (s) are adopted without modification.
(t)Heat pump space heater ready. Systems using gas or propane furnace to serve
individual dwelling units shall include the following:
1.A dedicated 240 volt branch circuit wiring shall be installed within 3 feet from
the furnace and accessible to the furnace with no obstructions. The branch
circuit conductors shall be rated at 30 amps minimum. The blank cover shall
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be identified as “240V ready.” All electrical components shall be installed in
accordance with the California Electrical Code.
2.The main electrical service panel shall have a reserved space to allow for the
installation of a double pole circuit breaker for a future heat pump space
heater installation. The reserved space shall be permanently marked as “For
Future 240V use.”
3.A designated exterior location for a future heat pump compressor unit.
Subsections 150.0 (u) – (v) are adopted without modification.
16.17.130 SUBCHAPTER 8 SINGLE‐FAMILY RESIDENTIAL BUILDINGS – PERFORMANCE AND
PRESCRIPTIVE COMPLIANCE APPROACHES
SECTION 150.1 PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR SINGLE‐
FAMILY RESIDENTIAL BUILDINGS
Section 150.1 of Subchapter 8 of the California Energy Code is amended to read:
Section (a) is adopted without modification.
(b)Performance Standards. A building complies with the performance standards if the
energy consumption calculated for the proposed design building is no greater than the
energy budget calculated for the standard design building using Commission‐certified
compliance software as specified by the Alternative Calculation Methods Approval
Manual, as specified in sub‐sections 1, 2 and 3 below.
1.Newly Constructed Buildings and substantial remodels. The Energy Budget for
newly constructed buildings is expressed in terms of the Energy Design Ratings,
which are based on source energy and time‐dependent valuation (TDV) energy.
The Energy Design Rating 1 (EDR1) is based on source energy. The Energy Design
Rating 2 (EDR2) is based on TDV energy and has two components, the Energy
Efficiency Design Rating, and the Solar Electric Generation and Demand Flexibility
Design Rating. The total Energy Design Rating shall account for both the Energy
Efficiency Design Rating and the Solar Electric Generation and Demand Flexibility
Design Rating. The proposed building shall separately comply with the Source
Energy Design Rating, Energy Efficiency Design Rating and the Total Energy Design
Rating.
A building complies with the performance approach if the TDV energy budget
calculated for the proposed design building is no greater than the TDV energy
budget calculated for the Standard Design Building AND Source Energy
compliance margin of at least 8 points, relative to the Source Energy Design Rating
1 calculated for the Standard Design building.
Exception 1 to Section 150.1(b)1. A community shared solar electric generation
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system, or other renewable electric generation system, and/or community shared
battery storage system, which provides dedicated power, utility energy reduction
credits, or payments for energy bill reductions, to the permitted building and is
approved by the Energy Commission as specified in Title 24, Part 1, Section 10‐
115, may offset part or all of the solar electric generation system Energy Design
Rating required to comply with the Standards, as calculated according to methods
established by the Commission in the Residential ACM Reference Manual.
Exception 2 to Section 150.1(b)1. A newly constructed building that does not
require a PV system in accordance with Section 150.1(c)14 needs a Source Energy
compliance margin of at least 2 points, relative to the Source Energy Design Rating
1 calculated for the Standard Design building.
2.Additions and Alterations to Existing Buildings. The Energy Budget for additions
and alterations is expressed in terms of TDV energy.
3.Compliance demonstration requirements for performance standards.
Section 150.1 (b) 3A of Subchapter 8 of the California Energy Code amended to add
subsection i:
i.Certificate of Compliance. The Certificate of Compliance is prepared and
signed by a Certified Energy Analyst and the Total Energy Design Rating of
the Proposed Design shall be no greater than the Standard Design Building.
Section (c) is adopted without modification.
16.17.140 SUBCHAPTER 10 MULTIFAMILY BUILDINGS — MANDATORY REQUIREMENTS
SECTION 160.4 MANDATORY REQUIREMENTS FOR WATER HEATING SYSTEMS
Section 160.4 (a) of Subchapter 10 of the California Energy Code is deleted:
Sections (b) – (f) are adopted without amendments.
16.17.150 SECTION 160.9 MANDATORY REQUIREMENTS FOR ELECTRIC READY BUILDINGS
Section 160.9 of Subchapter 10 of the California Energy Code is amended to read:
Mandatory requirements for electric‐ready buildings apply to newly constructed buildings and
substantial remodels.
Section 160.9 Sections (a) – (c) are adopted without amendments.
Sections (d) ‐ (f) are added to read:
(d)Systems using gas or propane water heaters to serve individual dwelling units shall
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include the following components:
1.A dedicated 125 volt, 20 amp electrical receptacle that is connected to the
electric panel with a 120/240 volt 3 conductor, copper branch circuit rated to 30
amps, within 3 feet from the water heater and accessible to the water heater
with no obstructions. In addition, all of the following:
A.Both ends of the unused conductor shall be labeled with the word “spare”
and be electrically isolated; and
B.A reserved single pole circuit breaker space in the electrical panel
adjacent to the circuit breaker for the branch circuit in A above and
labeled with the words “Future 240V Use”;
All electrical components shall be installed in accordance with the California
Electrical Code.
2.A condensate drain that is no more than 2 inches higher than the base of the
installed water heater, and allows natural draining without pump assistance,
All plumbing components shall be installed in accordance with the California
Plumbing Code.
3.The construction drawings shall indicate the location of the future heat pump
water heater. The reserved location shall have minimum interior dimensions of
39”x39”x96”,
4.A ventilation method meeting one of the following:
A.The location reserved for the future heat pump water heater shall have a
minimum volume of 700 cu. ft.,
B.The location reserved for the future heat pump water heater shall vent to
a communicating space in the same pressure boundary via permanent
openings with a minimum total net free area of 250 sq. in., so that the
total combined volume connected via permanent openings is 700 cu. ft.
or larger. The permanent openings shall be:
i. Fully louvered doors with fixed louvers consisting of a single layer
of fixed flat slats; or
ii.Two permanent fixed openings, consisting of a single layer of fixed
flat slat louvers or grilles, one commencing within 12 inches from
the top of the enclosure and one commencing within 12 inches from
the bottom of the enclosure.
C.The location reserved for the future heat pump water heater shall include
two 8” capped ducts, venting to the building exterior.
i. All ducts connections and building penetrations shall be sealed.
ii.Exhaust air ducts and all ducts which cross pressure boundaries shall
be insulated to a minimum insulation level of R‐6.
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iii. Airflow from termination points shall be diverted away from each
other.
All mechanical components shall be installed in accordance with the California
Mechanical Code.
(e)Central Heat Pump Water Heater Electric Ready. Water heating systems using gas or
propane to serve multiple dwelling units shall meet the requirements of 160.9(f) and
include the following for the future heat pump:
1.The system input capacity of the gas or propane water heating system shall be
determined as the sum of the input gas or propane capacity of all water heating
devices associated with each gas or propane water heating system.
2.Space reserved shall include:
A.Heat Pump. The minimum space reserved shall include space for service
clearances, air flow clearances, and keep outs and shall meet one of the
following:
i.If the system input capacity of the gas water heating system is less
than 200,000 BTU/HR, the minimum space reserved for the heat
pump shall be 2.0 square feet per input 10,000 Btu/ HR of the gas or
propane water heating system, and the minimum linear dimension of
the space reserved shall be 48 linear inches.
ii.If the system input capacity of the gas water heating system is greater
than or equal to 200,000 BTU/HR, the minimum space reserved for
the heat pump shall be 3.6 square feet per input 10,000 Btu/ HR of
the gas or propane water heating system, and the minimum linear
dimension of the space reserved shall be 84 linear inches.
iii.The space reserved shall be the space required for a heat pump water
heater system that meets the total building hot water demand as
calculated and documented by the responsible person associated
with the project.
B.Tanks. The minimum space reserved shall include space for service
clearances and keep outs and shall meet one of the following:
i.If the system input capacity of the gas water heating system is less
than 200,000 BTU/HR, the minimum space reserved for the storage
and temperature maintenance tanks shall be 4.4 square feet per input
10,000 BTU/HR. of the gas or propane water heating system.
ii.If the system input capacity of the gas water heating system is greater
than or equal to 200,000 BTU/HR, the minimum physical space
reserved for the storage and temperature maintenance tanks shall be
3.1 square feet per input 10,000 BTU/HR. of the gas or propane water
heating system.
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iii.The space reserved shall be the space required for a heat pump water
heater system that meets the total building hot water demand as
calculated and documented by the responsible person associated
with the project.
3.Ventilation shall be provided by meeting one of the following:
A.Physical space reserved for the heat pump shall be located outside, or
B.A pathway shall be reserved for future routing of supply and exhaust air
via ductwork from the reserved heat pump location to an appropriate
outdoor location. Penetrations through the building envelope for louvers
and ducts shall be planned and identified for future use. The reserved
pathway and penetrations through the building envelope shall be sized to
meet one of the following:
i.If the system input capacity of the gas water heating system is less
than 200,000 BTU/HR, the minimum air flow rate shall be 70 CFM per
input 10,000 BTU/HR of the gas or propane water heating system and
the total external static pressure drop of ductwork and louvers shall
not exceed 0.17” when the future heat pump water heater is installed.
ii.If the system input capacity of the gas water heating system is greater
than or equal to 200,000 BTU/HR, the minimum air flow rate shall be
420 CFM per input 10,000 BTU/HR of the gas or propane water
heating system and the total external static pressure drop of
ductwork and louvers shall not exceed 0.17” when the future heat
pump water heater is installed.
iii.The reserved pathway and penetrations shall be sized to serve a
heat pump water heater system that meets the total building hot
water demand as calculated and documented by the responsible
person associated with the project.
All mechanical components shall be installed in accordance with the California
Mechanical Code.
4.Condensate drainage piping. An approved receptacle that is sized in accordance
with the California Plumbing Code to receive the condensate drainage shall be
installed within 3 feet of the reserved heat pump location, or piping shall be
installed from within 3 feet of the reserved heat pump location to an approved
discharge location that is sized in accordance with the California Plumbing Code,
and meets one of the following:
A.If the system input capacity of the gas water heating system is less than
200,000 BTU/HR, condensate drainage shall be sized for 0.2 tons of
refrigeration capacity per input 10,000 BTU/HR.
B.If the system input capacity of the gas water heating system is greater
than or equal to 200,000 BTU/HR, condensate drainage shall be sized for
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0.7 tons of refrigeration capacity per input 10,000 BTU/HR.
C.Condensate drainage shall be sized to serve a heat pump water heater
system that meets the total building hot water demand as calculated and
documented by the responsible person associated with the project.
All plumbing components shall be installed in accordance with the California
Plumbing Code.
5.Electrical
A.Physical space shall be reserved on the bus system of the main
switchboard or on the bus system of a distribution board to serve the
future heat pump water heater system including the heat pump and
temperature maintenance tanks. In addition, the physical space reserved
shall be capable of providing adequate power to the future heat pump
water heater as follows:
i.Heat Pump. For the Heat Pump, the physical space reserved shall
comply with one of the following:
A.If the system input capacity of the gas water heating system is
less than 200,000 BTU/HR, provide 0.1 kVA per input 10,000
BTU/HR.
B.If the system input capacity of the gas water heating system is
greater than or equal to 200,000 BTU/HR, provide 1.1 kVA per
input 10,000 Btu/HR.
C.The physical space reserved supplies sufficient electrical power
required to power a heat pump water heater system that meets
the total building hot water demand as calculated and
documented by the responsible person associated with the
project.
All electric components shall be installed in accordance with the California
Electrical Code.
ii.Temperature Maintenance Tank. For the Temperature Maintenance
Tank, the physical space reserved shall comply with one of the
following:
A.If the system input capacity of the gas water heating system is
less than 200,000 BTU/HR, provide 1.0 kVA per input 10,000
BTU/HR.
B.If the system input capacity of the gas water heating system is
greater than or equal to 200,000 BTU/HR, provide 0.6 kVA per
input 10,000 BTU/HR.
C.The physical space reserved supplies sufficient electrical
power required to power a heat pump water heater system
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that meets the total building hot water demand as calculated
and documented by the responsible person associated with
the project.
(f)The building electrical system shall be sized to meet the future electric requirements
of the electric ready equipment specified in sections 160.9 (a) ‐ (e). To meet this
requirement the building main service conduit, the electrical system to the point
specified in each subsection, and any on‐site distribution transformers shall have
sufficient capacity to supply full rated amperage at each electric ready appliance in
accordance with the California Electric Code.
16.17.160 SUBCHAPTER 11 MULTIFAMILY BUILDINGS — PERFORMANCE AND PRESCRIPTIVE
COMPLIANCE APPROACHES
SECTION 170.1 PERFORMANCE APPROACH
Section 170.1 of Subchapter 11 of the California Energy Code is amended to read:
Subsections 170.1 (a) – (c) are adopted without modification.
A newly constructed building or substantial remodel complies with the performance approach if
the TDV energy budget calculated for the proposed design building under Subsection (b) is no
greater than the TDV energy budget calculated for the Standard Design Building under Subsection
(a). Additionally,
1.Low‐Rise Multifamily: The energy budget, expressed in terms of source energy, of a
newly constructed low‐rise multifamily building (less than four habitable stories) shall
be at least 9% lower than that of the Standard Design Building.
2.High‐Rise Multifamily: Newly Constructed high‐rise multifamily buildings (greater
than four habitable stories) shall be at least 1% lower than that of the Standard Design
Building.
3.Compliance demonstration requirements for performance standards. Section
170.1(d)1 is modified to add subsection is as follows:
i.Certificate of Compliance. The Certificate of Compliance is prepared and
signed by a Certified Energy Analyst and the Total Energy Design Rating of the
Proposed Design shall be no greater than the Standard Design Building.
16.17.170 Infeasibility Exemption.
(a)Exemption. If an applicant for a Covered Project believes that circumstances exist that
makes it infeasible to meet the requirements of this Chapter, the applicant may request
an exemption as set forth below. In applying for an exemption, the burden is on the
Applicant to show infeasibility.
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(b)Application. If an applicant for a Covered Project believes such circumstances exist, the
applicant may apply for an exemption at the time of application submittal in accordance
with the Planning and Development Services administrative guidelines. The applicant
shall indicate the maximum threshold of compliance the energy compliance design
professional believes is feasible for the covered project and the circumstances that make
it infeasible to fully comply with this Chapter. Circumstances that constitute infeasibility
include, but are not limited to the following:
(1)There is conflict with the compatibility of the currently adopted California Building
Standards Code;
(2)There is a lack of commercially available materials and technologies to comply
with the requirements of this Chapter;
Applying the requirements of this Chapter would effectuate an unconstitutional
taking of property or otherwise have an unconstitutional application to the property.
(c)Granting of Exemption. If the Director of Planning and Development Services, or
designee, determines that it is infeasible for the applicant to fully meet the requirements
of this Chapter based on the information provided, the Director, or designee, shall
determine the maximum feasible threshold of compliance reasonably achievable for the
project. The decision of the Director, or designee, shall be provided to the applicant in
writing. If an exemption is granted, the applicant shall be required to comply with this
Chapter in all other respects and shall be required to achieve, in accordance with this
Chapter, the threshold of compliance determined to be achievable by the Director or
designee.
(d)Denial of Exemption. If the Director of Planning and Development Services or designee
determines that it is reasonably possible for the applicant to fully meet the requirements
of this Chapter, the request shall be denied, and the Director or designee shall so notify
the applicant in writing. The project and compliance documentation shall be modified to
comply with this Chapter prior to further review of any pending planning or building
application.
(e)Council Review of Exemption. For any covered project that requires review and action by
the City Council, the Council shall act to grant or deny the exemption, based on the criteria
outlined above, after recommendation by the Director of Planning and Development
Services.
16.17.180 Appeal.
(a)Any aggrieved Applicant may appeal the determination of the Director of Planning and
Development Services or designee regarding the granting or denial of an exemption
pursuant to 16.17.170.
(b)Any appeal must be filed in writing with the Planning and Development Services
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Department not later than fourteen (14) days after the date of the determination by the
Director. The appeal shall state the alleged error or reason for the appeal.
(c)The appeal shall be processed and considered by the City Council in accordance with the
provisions of Section 18.77.070 (f) of the City of Palo Alto Municipal Code.
SECTION 3. The Council adopts the findings for local amendments to the California Green Building
Standards Code, 2022 Edition, attached hereto as Exhibit “A” and incorporated herein by
reference.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of the
Ordinance. The Council hereby declares that it should have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. The Council finds that this ordinance is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility that the amendments herein adopted will
have a significant effect on the environment and Section 15308, because the amendments herein
adopted is an action taken by the City to assure the maintenance, restoration, enhancement, or
protection of the environment .
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SECTION 6. This Ordinance shall be effective on the thirty‐first day after the date of its adoption.
INTRODUCED: June 3, 2024
PASSED: June 17, 2024
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, VEENKER
NOES: TANAKA
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Chief Assistant City Attorney City Manager
Director of Planning and
Development Services
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE, 2022 EDITION
TITLE 24, PART 6
Section 17958 of the California Health and Safety Code provides that the City may make changes
to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the
Health and Safety Code require that for each proposed local change to those provisions of the
California Building Standards Code which regulate buildings used for human habitation, the City
Council must make findings supporting its determination that each such local change is reasonably
necessary because of local climatic, geological, or topographical conditions.
Regarding the Energy Code, local jurisdictions have the authority to adopt local energy
efficiency ordinances—or reach codes—that exceed the minimum standards defined by Title 24
(as established by Public Resources Code Section 25402.1(h)2 and Section 10‐106 of the
Building Energy Efficiency Standards, provided the City Council finds that the requirements of
the proposed ordinance are cost‐effective and do not result in buildings consuming more
energy than is permitted by Title 24.
Local building regulations having the effect of amending the uniform codes, which were adopted
by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958,
17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform
codes which were adopted by the City Council prior to November 23, 1970 and have been carried
through from year to year without significant change, need no required findings. Also,
amendments to provisions not regulating buildings used for human habitation do not require
findings.
Code: California Energy Code, Title 24, Part 6
Chapter(s),
Sections(s),
Appendices
Title Add Deleted Amended Justification
(See below of keys)
100.1 Definitions and Rules of Construction C & E
110.10 (f) Existing tree canopies
130.0 Lighting Systems and Equipment, and Electrical Power Distribution Systems ‐ General
C & E
130.6 Electric Readiness Requirements for Systems Using Gas or Propane
C & E
140.0 Performance and Prescriptive Compliance Approaches
C & E
140.1 Performance Approach: Energy Budgets C & E
150.0 Mandatory Features and Devices C & E
150.1 Performance and Prescriptive Compliance Approaches for Single‐Family Residential Buildings
C & E
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150.1 (b) 3A i Certificate of Compliance
160.4 (a) Mandatory Requirements for Water Heating Systems
C & E
160.9 Mandatory Requirements for Electric Ready Buildings
C & E
170.1 Performance Approach C & E
Infeasibility Exemption A
Appeal A
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative
procedures, regulations, or rules to enforce and administer the activities by the Palo Alto
Building Inspection Department. These administrative amendments do not need to meet
HSC 18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified on the basis of a local climatic condition. The seasonal
climatic conditions during the late summer and fall create severe fire hazards to the public
health and welfare in the City. The hot, dry weather frequently results in wild land fires
on the brush covered slopes west of Interstate 280. The aforementioned conditions
combined with the geological characteristics of the hills within the City create hazardous
conditions for which departure from California Energy Code is required. Failure to address
and significantly reduce greenhouse gas (GHG) emissions could result in rises in sea level,
including in San Francisco Bay, that could put at risk Palo Alto homes and businesses,
public facilities, and Highway 101 (Bayshore Freeway), particularly the mapped Flood
Hazard areas of the City. Energy efficiency is a key component in reducing GHG emissions,
and the construction of more energy efficient buildings can help Palo Alto reduce its share
of the GHG emissions that contribute to climate change. The burning of fossil fuels used
in the generation of electric power and heating of buildings contributes to climate change,
which could result in rises in sea level, including in San Francisco Bay, that could put at
risk Palo Alto homes and businesses 1 public facilities, and Highway 101. Due to a
decrease in annual rainfall, Palo Alto experiences the effect of drought and water saving
more than some other communities in California.
E Energy efficiency enhances the public health and welfare by promoting the
environmental and economic health of the City through the design, construction,
maintenance, operation, and deconstruction of buildings and sites by incorporating green
practices into all development. The provisions in this Chapter are designed to achieve the
following goals:
(a)Increase energy efficiency in buildings;
(b)Increase resource conservation;
(c)Provide durable buildings that are efficient and economical to own and operate;
(d)Promote the health and productivity of residents, workers, and visitors to the city;
(e) Recognize and conserve the energy embodied in existing buildings; and
(f) Reduce disturbance of natural ecosystems.
G This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazards caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is the Hayward Fault. This fault is about 74 mi long, situated
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mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area that
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
T The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression vehicles difficult. Palo Alto is contiguous with
the San Francisco Bay, resulting in a natural receptor for storm and waste water run‐off.
Also the City of Palo Alto is located in an area that is potentially susceptible to liquefaction
during a major earthquake. The surface condition consists mostly of stiff to dense sandy
clay, which is highly plastic and expansive in nature. The aforementioned conditions
within the City create hazardous conditions for which departure from California Building
Standards Codes is warranted.
DocuSign Envelope ID: 04C5B9CA-B6AB-48CF-9568-D64D807B9A48
Certificate Of Completion
Envelope Id: 04C5B9CAB6AB48CF9568D64D807B9A48 Status: Completed
Subject: Docusign: Ordinance 5627 - Amending Chapter 16.17
Source Envelope:
Document Pages: 21 Signatures: 6 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 76.220.56.6
Record Tracking
Status: Original
6/17/2024 9:45:43 PM
Holder: Vinhloc Nguyen
Vinhloc.Nguyen@CityofPaloAlto.org
Location: DocuSign
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Signer Events Signature Timestamp
Caio Arellano
Caio.Arellano@CityofPaloAlto.org
Chief Assistant City Attorney
City of Palo Alto
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Lauren Lai
lauren.lai@cityofpaloalto.org
Director Administrative Services/CFO
COPA
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Jonathan Lait
Jonathan.Lait@CityofPaloAlto.org
Director, Planning and Development Services
City of Palo Alto
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Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada
City of Palo Alto
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Greer Stone
greer.stone@cityofpaloalto.org
Vice Mayor
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Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
City Clerk
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